Landlord Didn't Request Useful-Life Waiver

February 1, 2011

LVT Number: #23139

Landlord applied for MCI rent hikes based on pointing work done in 2005. The DHCR ruled against landlord because prior landlord obtained an MCI rent hike in 1988 for earlier pointing work. Landlord appealed and lost. Landlord claimed that work done in 1988 had no bearing on its entitlement to MCI rent hikes in 2005. But landlord didn't request a waiver of the useful-life requirement before starting the 2005 work. The prior work was done too recently to permit another MCI rent hike for pointing.

Landlord applied for MCI rent hikes based on pointing work done in 2005. The DHCR ruled against landlord because prior landlord obtained an MCI rent hike in 1988 for earlier pointing work. Landlord appealed and lost. Landlord claimed that work done in 1988 had no bearing on its entitlement to MCI rent hikes in 2005. But landlord didn't request a waiver of the useful-life requirement before starting the 2005 work. The prior work was done too recently to permit another MCI rent hike for pointing.

SP 141 E 33 LLC v. DHCR: Index No. 111227/10, NYLJ No. 1202476866351 (Sup. Ct. NY; 12/23/10; Singh, J)

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